Background
Roy Wayne Jackson sent correspondence to the district clerk indicating that he had filed an appeal in trial court cause number BCV2501180B. The correspondence, received June 23, 2026, was construed as a notice of appeal.
The court clerk notified Jackson that the appeal had not been timely perfected and directed him to pay the $205 appellate filing fee within ten days. After Jackson did not comply, the clerk sent another notice on July 22, 2026, warning that failure to pay the fee within ten days would result in dismissal.
The Court’s Holding
The Thirteenth Court of Appeals dismissed the appeal for want of prosecution under Texas Rule of Appellate Procedure 42.3(b) and (c).
The court explained that Jackson had not cured the defective notice of appeal, paid the required filing fee, or otherwise responded to the clerk’s notices within the specified time.
Key Takeaways
- An appellant must timely cure defects identified in a notice of appeal.
- A party not excused from appellate costs must pay the required filing fee.
- Failure to respond to clerk notices or comply with appellate requirements can result in dismissal for want of prosecution.
Why It Matters
The decision illustrates that an appeal may be dismissed when an appellant fails to address procedural defects and required fees after receiving notice and an opportunity to cure.